(1)  Except as otherwise provided in this section, the county attorney of the county in which the headquarters of the local health department is located shall serve as legal advisor to the local health department in all civil matters involving the local health department.

Terms Used In Utah Code 26A-1-120

  • Board: means a local board of health established under Section 26A-1-109. See Utah Code 26A-1-102
  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 26A-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local health department: means :
(a) a single county local health department;
(b) a multicounty local health department;
(c) a united local health department; or
(d) a multicounty united local health department. See Utah Code 26A-1-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
    • (2)  The county attorney of the county where a civil claim arises shall bring any action requested by a local health department to abate a condition that exists in violation of, or to restrain or enjoin any action which is in violation of the public health laws and rules of the Departments of Health and Environmental Quality, the standards, regulations, orders, and notices, of a local health department, and other laws, ordinances, and rules pertaining to health and sanitary matters.

    (3) 

    (a)  The district attorney or county attorney having criminal jurisdiction shall prosecute criminal violations of the public health laws and rules of the Departments of Health and Environmental Quality, the standards, regulations, orders, and notices, of a local health department, and other laws and rules pertaining to health and sanitary matters.

    (b)  Violations of local ordinances relating to public health matters shall be prosecuted by the prosecuting attorney of the jurisdiction enacting the ordinance.

    (4)  The county attorney of a county where an action arises shall, if requested by the county attorney designated in Subsection (1):

    (a)  act as legal adviser to the local health department and the board with respect to the action; and

    (b)  defend all actions and proceedings brought in that county against the local health department, the board, or the officers and employees of the local health department.

    Amended by Chapter 249, 2002 General Session

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